A scathing report by the police watchdog has found serious misconduct at the highest levels of police, including former Commissioner Andrew Coster over how police responded to accusations of sexual offending by disgraced ex-Deputy Commissioner Jevon McSkimming.
The allegations arose from an affair between McSkimming and a woman who was a non-sworn police employee at the time.
The Independent Police Conduct Authority (IPCA) report says when police did eventually refer the woman's claims to the authority, several months after it was recommended they do so senior police attempted to influence the investigation.
According to a summary of the report: "Those attempts were perceived by some others within police as an attempt to bring the investigation to a rapid and premature conclusion so as not to intersect with the Commissioner appointment process and jeopardise Mr McSkimming's prospects of being appointed as the next Commissioner of Police."
A series of other allegations regarding misconduct by McSkimming have also been revealed, including that he misused a police credit card, made use of police property to further a sexual relationship, and threatened to provide an intimate visual recording to other people if the woman made a complaint about him.
The IPCA concluded that the current structures and processes to protect the integrity of policing were "inadequate" and have recommended several significant changes.
McSkimming resigned as New Zealand's second most powerful cop in May this year, amid separate investigations by the IPCA and police.
The 52-year-old pleaded guilty on November 7 to three representative charges of possessing objectionably publications including child sexual exploitation and bestiality material. He will be sentenced next month.
The IPCA earlier announced it was investigating allegations of misconduct by McSkimming following a complaint from a member of the public.
"This comprises oversight of a police investigation into whether there has been any criminal wrongdoing by Mr McSkimming and a review of whether there has been any related non-criminal misconduct."
It was also investigating if there was misconduct or neglect of duty by any other police officers or employees in the course of responding to the allegations.
The final report was shown to a group of people on October 24.
It is yet to be released publicly due to a suppression order that lifted today in relation to a charge that was laid against the woman who accused McSkimming of sexual misconduct.
An affidavit filed by the IPCA in opposition to the suppression and obtained by RNZ, outlines a summary of the authority's investigation.
The report
The affair began in 2016. McSkimming was aged 42 and the woman was about 20 years younger.
After the relationship ended towards the end of 2017, specific allegations against McSkimming appeared in an anonymous Facebook post the following year.
The post, which was tagged to police and the IPCA, warned women to be "careful of Jevon McSkimming".
"He has previously preyed on a young female who he lured in with countless lies and manipulation - all for his sexual gain. He has admitted to this by stating he 'used' her and 'treated her like s***'. He threatened to post images of her online to keep her from exposing the truth about him."
The allegations were not picked up by police or the IPCA, because neither had systems in place at the time to identify them as a possible complaint.
However, the watchdog had identified a number of serious failings in the subsequent response to the complaints by the woman during 2023 and early 2024, before police took preliminary steps to investigate in mid-2024.
The failings included neither McSkimming nor Coster adequately disclosing to the Public Service Commission the sexual relationship between McSkimming and the woman and the allegations arising from them during the appointment process for statutory Deputy Commissioner in early 2023.
In April 2023, further allegations apparently made by the woman were tagged to the police LinkedIn announcement that McSkimming had been appointed as a statutory Deputy Commissioner.
One post said:
"Yea should be really proud of Jevon McSkimming who cheats on his wife for years using taxpayer funded hotels and police property to do it in a way that makes him feel 'safe', has sexually assaulted at least one police employee on police property, threatens to destroy and ruin people when he is concerned about his behaviour being known...
"He has also taken images of someone without their consent and threatened to use the images to destroy them."
The IPCA's affidavit said there was no consideration of the need for an investigation.
A report by the joint Police/Health Fixated Threat Assessment Centre (FTAC) in February 2024 identified that emails allegedly sent by the woman raised potential criminal and Police Code of Conduct concerns relating to McSkimming and recommended referring them to the National Integrity Unit and IPCA with a view to possible investigation.
The emails included one from December 27 in 2023 which began "What is the complaints process so that Jevon McSkimming (somehow an acting Commissioner of NZ Police) who has sexually assaulted a police employee on police property can be dismissed for misconduct?".
An email sent on January 3 in 2024 said McSkimming "creates destruction in society and even threatens to destroy people yet continues to go up the ranks in police... seems because he threatens 9including legally threatens) those who he abuses physically and mentally".
There was also an email sent on February 9 last year which began: "If you were lied to then does that mean you consent?".
"Jevon perhaps before you try cover up your behaviour with legal threats you should disclose to Andrew Coster your behaviour and have a look at international legal precedents classifying sex by deception as rape."
There was also an email sent to Coster on January 24 last year which said:
"Next time you attend church events... make sure to ask Jevon... how many unsolicited photos he takes to try blackmail them into silence."
However, this recommendation, which was received by a Deputy Commissioner and a Detective Superintendent, was not acted on. Instead, an investigation focused on potential offences by the woman under the Harmful Digital Communications Act.
The woman was charged in May 2024 with causing harm by posting digital communication in relation to more than 300 emails she allegedly sent to McSkimming's work email address between December 2023 and April 2024. The emails included abusive and derogatory language directed towards McSkimming and other people.
The summary of facts, obtained by RNZ, said multiple emails had also been copied to Coster, Deputy Commissioner Tania Kura, Prime Minister Christopher Luxon and Minister of Police Mark Mitchell.
"The emails copied to other members of the Police Executive and Members of Parliament, if left unchecked, are likely to have an adverse impact on the victim's working relationships, which includes Members of Parliament and senior government officials.
"Further they have caused him severe embarrassment and have been harmful to his reputation."
Then, in late April 2024, three specific complaints against McSkimming were made via the Police 105 online reporting portal.
The affidavit included several extracts that purported to come from McSkimming himself but contained allegations of sexual offending by him.
They included claims that he threatened to provide an intimate visual recording to other people if the woman made a complaint about him and that he misused police resources, including a police credit card, in connection with the sexual relationship.
Once again, the IPCA found a number of serious failings in the way in which the police responded to those complaints and undertook a preliminary investigation.
The IPCA was not notified in accordance with normal processes, there was an "unacceptable delay" in initiating an investigation, which effectively did not commence until July, and the terms of reference were "inappropriately worded" and did not comply with Police Adult Sexual Assault policy.
It was not until October 2024 that police notified the IPCA and the authority said it was then that senior officers attempted to influence the investigation.
"Those attempts were perceived by some others within police as an attempt to bring the investigation to a rapid and premature conclusion so as not to intersect with the Commissioner appointment process and jeopardise McSkimming's prospects of being appointed as the next Commissioner of Police."
McSkimming was placed on "special leave" as the IPCA began its investigation in November last year.
The following month, police began a criminal investigation into that allegation. McSkimming was formally suspended on December 23.
It was during that investigation that police found the objectionable material on his work devices and a second criminal investigation began.
Serious misconduct by senior officers, report finds
The IPCA's report did not find that the senior officers colluded in the way in which they responded to the complaints, but it did conclude that there was serious misconduct by a "significant number of very senior officers" and other senior police employees that had "undermined the integrity of the organisation as a whole".
"Those findings were made in respect of, among others, the then Commissioner, a Deputy Commissioner, two Assistant Commissioners and a Detective Superintendent."
The IPCA said police failed to act on the allegations the woman made and instead focused only on her actions.
There should have been parallel, but connected investigations. This did not occur until well after she had been charged.
"In essence, police officers and employees dealing with the matters displayed an inability to balance a proper concern for Mr McSkimming and his family in relation to the harassing emails, with the need to consider that the emails contained complaints of potential misconduct by Mr McSkimming that needed to be investigated."
The IPCA found this partly occurred because officers "simply accepted without question the narrative presented to them by Mr McSkimming".
It concluded that the current structures and processes to protect the integrity of policing were inadequate and had recommended that several significant changes, both internal and external to police, were required.
The charge against the woman was withdrawn in the Wellington District Court in September because McSkimming did not wish to give evidence.
However, a suppression order on McSkimming's identity as a complainant remained.
A hearing was held in the Wellington District Court today where the suppression order was opposed by RNZ, NZME, the IPCA and the Crown.
McSkimming did not oppose the order being lifted.
In September, police announced McSkimming would not be charged in relation to the allegations of sexual misconduct.
Assistant Commissioner Mike Johnson said police had completed its investigation into allegations against a former senior police member.
"The investigation concluded that the evidential test for prosecution had not been met, therefore no charges will be laid."
Johnson said the investigation and decision not to charge were independently reviewed by a King's Counsel and peer reviewed by a Crown Law appointed barrister.
"The investigation was thorough and led by a Detective Superintendent. It had independent engagement throughout from the IPCA and a Crown Law appointed barrister."
Police failed woman: lawyer
In a statement to RNZ, the woman's lawyer, Steven Lack, said police "failed my client".
"Over a period of years, she attempted to report allegations of serious physical, psychological and sexual offending by Mr McSkimming, then one of the most senior Police Officers in the country. Instead of being heard, she was dismissed and ultimately prosecuted for speaking out and raising her concerns.
"At every stage, the Police had the opportunity to engage with her, to properly assess what she was saying, and to investigate her allegations. They could have viewed her as a traumatised victim. They chose not to. They accepted Mr McSkimming's denials without meaningful inquiry and placed the full weight of the criminal justice system on my client for more than a year until the charge against her was withdrawn.
"Understandably this has had a devastating impact on her.
"The way her complaints were handled should alarm all New Zealanders. It suggests that the Police were more focused on protecting Mr McSkimming's career and advancement than on properly assessing serious allegations of offending against him."
Lack said the police were an organisation "entrusted by the community to protect and serve".
"In my client's case, they did neither.
